I Am Being Charged With DUI Causing Injury in Orange County – CVC 23153(a)
April 5, 2013

DUI causing injury cases are treated very seriously by law enforcement and prosecutors. It is absolutely critical that you contact an experienced DUI defense lawyer to discuss your case and available defenses.

Prosecution for DUI Causing Injury

To convict you for DUI causing injury, the prosecution must prove that:

  1. You drove a vehicle
  2. When you drove the vehicle, you were under the influence of an alcoholic beverage or a drug
  3. While driving under the influence, you also committed an illegal act or neglected to perform a legal duty; AND
  4. Your illegal act or failure to perform a legal duty caused bodily injury to another person

A person is under the influence if, as a result of drinking an alcoholic beverage and/or taking a drug, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

No One Was Injured in the Other Vehicle

You cannot be convicted for DUI causing injury under California Vehicle Code Section 23153 if you were the only one injured in the accident. To be convicted, the crime requires an injury to occur to another person other than the driver.

If one of your passengers was injured as a result of the accident, you can be convicted for a DUI causing injury under California Vehicle Code Section 23153. There is no requirement someone in a different vehicle must be injured, only that a person is injured as a result of your actions. Thus, you will still be liable for DUI Causing Injury if someone in your car was injured.

Also, you can be convicted for DUI Causing injury even if the injury to another person is minor. No serious or permanent injury is required. For example, if the person injured by your actions only suffers some minor bumps and bruises, you can still be convicted for DUI Causing Injury.

Defenses to DUI Causing Injury

There are a number of defenses that an experienced DUI defense attorney can raise on your behalf. These defenses include:

  • You were not driving the vehicle
  • You were not under the influence of drugs or alcohol while you were driving
  • You were not impaired; AND
  • There was no injury to another person

Depending on your case, a Wallin & Klarich DUI defense attorney may be able to use any of these defense to help you get your DUI Causing Injury charges reduced or dismissed.

Orange County DUI Defense Attorney

Being accused of a DUI Causing Injury can be extremely stressful and difficult. At Wallin & Klarich, we have over 30 years of experience successfully defending our clients against DUI Causing Injury  in Orange County. We know what you and your family are going through and we are here to help. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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